This is a specialist area of family law. Often the cases go to a hearing and you need a strong and experienced lawyer to act for you. We have a lot of expertise in this area and can act for you in New Zealand or overseas. You often need to act quickly to preserve the rights of your children. We can help you if:
- You wish to relocate with your child
- You have just been served with Court papers
- You want to stop your spouse or partner relocating with your child
- You wish to appeal a Family Court decision.
Can I take my child out of the country without the other guardians consent?
No, the consequence is that your child may be forced to return to NZ under the Hague Convention (described in our section on Child Abduction). If you think your partner is planning to take your child out of the country, you can apply to the Family Court for an order preventing the child’s removal.
Can I move out of my town or city with my child, without the other guardians consent?
No, the location a child lives in is something to be agreed by both guardians and therefore, you will need the other party’s consent first. If you do not get their consent, you can apply to the Family Court to get their approval. A lawyer for child may be appointed to represent your child’s interests, if the judge deems it necessary and your child is old enough.
What function does the lawyer for child have?
The lawyer for child represents the views and interests of the child and is like a junior Judge. One will always be appointed where there is a relocation case. They make recommendations to the Judge at each stage which are frequently, but not always, followed.
If there is a Court hearing they normally submit a report to the Judge outlining the views of the child. You have the right to read this report.
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